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HomeMy WebLinkAboutUS Environmental Protection Agency - Brownfields Petroleum Assessment - 10/9/2006 BF-98776901 -0 Page 1 ASSISTANCE ID NO. � £4STq � U.S', ENVIRONMENTAL PRG DOC ID AMEND# DATE OF AWARD r rBF - 98776901 - 0 09118/2006s PROTECTION AGENCY TYPE OF ACTION MAILING DATE 0 a New 09/25!2006 Cooperative Agreement PAYMENT METHOD: ACH# 'ft Fwot ACH 1 7534 RECIPIENT TYPE: Send Payment Request to: Municipal U.S.Environmental Protection Agency-Las Vegas Finance Center P.O.Box 98515, Las Vegas,NV 89193-8515 Phone Contact:702-798-2431, FAX:702-798-2423 RECIPIENT: PAYEE: City of Waterloo Same as Recipient 715 Mulberry Street 715 Mulberry Street Waterloo, IA 50703 Waterloo,IA 50703 EIN: 42-6005327 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Don Temeyer Stephanie Doolan Robert Bukaty 715 Mulberry Street 901 North Fifth Street,SUPR/STAR Grants Management Office,PLMG/RFMB Waterloo, lA 50703 Kansas City,KS 66101 E-Mail: Bukaty.Robert@epamail.epa.gov E-Mail: don.temeyer@waterloo-ia.org E-Mail: Doolan.Stephanie@epamail.epa.gov Phone:913-551-7846 Phone:319-291-4366 Phone: 913-551-7719 PROJECT TITLE AND DESCRIPTION Waterloo Brownfields Petroleum Assessment Assistance funding is awarded to the City of Waterloo for the clean up of petroleum hydrocarbons contamination resulting from a former leaking above and underground storage tanks and other petroleum-related activities,such as automotive repair and maintenance. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2006 - 09/3012008 10/01/2006 - 09/30/2008 1 $200,000.00 $200,000.00 NOTICE OF AWARD Based on your application dated 07/14/2006,including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA),hereby awards$200,000. EPA agrees to cost-share 100.00%of all approved budget period costs incurred, up to and not exceeding total federal funding of$200,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt,or any extension of time,as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1,Subchapter B,and all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Grants Management Office U.S.EPA, Region 7 901 North Fifth Street Superfund Division Kansas City, KS 66101 901 North Fifth Street Kansas City,KS 66101 THE UNITED STATES OF AMERICA BY THE US.ENVIRONMENTAL PROTECTION AGENCY G TURE OFA A FFICIAL TYPED NAME AND TITLE DATE Karen L. Sherrill, Grants Management Officer 09/18/2006 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNA TYPED NAME AND TITLE DATE Timothy J.Hurley, Mayor EPA Funding Information BF-98776901 -0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $200,000 $200,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ so Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $200,000 $200,000 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.818-Brownfields Assessment and Cleanup CERCLA:Sec. 101(39) 40 CFR PART 31 Cooperative Agreements CERCLA: Sec, 104(k)(2) Fiscal Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation WATERLOOBP W16342 2006 E4 0700AG7 402D79EBP 4114 G700DR00 --- 200,000 200,000 BF-98776901 -0 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $21,000 2. Fringe Benefits $0 3.Travel $3,000 4. Equipment $0 5.Supplies $1,000 6.Contractual $175,000 7.Construction $0 8.Other $0 9.Total Direct Charges $200,000 10.Indirect Costs: % Base $0 11.Total(Share: Recipient 0.00% Federal 100.00%.) $200,000 12.Total Approved Assistance Amount $200,000 13.Program Income $0 14.Total EPA Amount Awarded This Action $200,000 15.Total EPA Amount Awarded To Date $200,000 BF-98776901 -0 Page 4 Administrative Conditions 1. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 2. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate , within 90 days after the end of project period. The form can be accessed at http://www.er)a.gov/ogd/forms/adobe/5700-53.1)df. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 3. Recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225 )of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects,"as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717)of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects." 4. Recipient agrees to fully comply with Subpart C of 40 CFR Part 32, entitled"Responsibilities of Participants Regarding Transactions." Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient may access the Excluded Parties List System at www.epls.gov. 5. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 6. The recipient agrees to comply with the requirements for EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements: (a) Except as otherwise provided, the recipient accepts the applicable FY 2005 Minority Business Enterprise (MBE)/Womens Business Enterprise (WBE) "fair share"goals/objectives negotiated with EPA by the Iowa Department of Natural Resources (IDNR) as follows: IDNR MBE WBE Supplies 0.6% 05.6% Equipment 2.5% 10.4% Services 2.5% 11.3% Construction 1.7% 02.2% (b)(1) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share"objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. (2) For assistance agreements related to research under the Clean Air Act Amendments of 1990, the recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals,women, disabled Americans, Historically Black Colleges and Universities, Colleges and Universities having a student body in which 40%or more of the students are Hispanic, minority institutions having a minority student body of 50% or more, and private and voluntary organizations controlled by individuals who are socially and economically disadvantaged. (c)The recipient agrees to include in its bid documents the applicable"fair share" objectives of Federal funds and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. (d)The recipient agrees to follow the six affirmative steps stated in 40 CFR§30.44(b), 40 CFR §31.36(e), or 40 CFR§35.6580,as appropriate, and retain records documenting compliance. (e) The recipient agrees to submit an EPA form 5700-52A"MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements,"beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the EPA, MBE/WBE Coordinator,within 30 days of the end of the Federal fiscal quarter(January 30, April 30, July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit an EPA form 5700-52A to the EPA, MBE/WBE Coordinator, by October 30 of each year. (f) If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the"fair share"objective. (g) Non-governmental recipients that wish to negotiate their own MBE/WBE goals must submit proposed MBE/WBE goals based on an availability analysis, or, at their option, a disparity study, of qualified MBEs and WBEs to do the work in the relevant market for construction, equipment, services, and supplies. The recipient agrees to submit proposed "fair share"objectives, together with the supporting availability analysis or disparity study, to the EPA, MBE/WBE Coordinator, within 30 days of award. EPA will conclude "fair share" negotiations within 30 days of receiving the submission. Once EPA approves the objectives, the recipient agrees to apply them in accordance with paragraphs (b)-(f). 3. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient fails to comply with these terms and conditions. 7. The Recipient agrees, in accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act(RCRA) (42 U.S.C. 6962). RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 8. Recipient agrees to provide the following financial and programmatic reports: 1. Quarterly performance reports are due on all activities identified in the workplan, including those performed by the Recipient through Interagency Agreements and subagreements in accordance with 40 CFR 30.51 or 31.40(b); whichever is applicable. These reports will contain at a minimum the requirements set forth in PROGRAMMATIC CONDITION, IL GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS, D. Quarterly Progress Reports. These reports shall be due no later than 30 days after the end of each reporting period. The final performance report is due within 90 days after the expiration of the project period. 2. Financial Status Reports (Standard Form 269) are due in accordance with 40 CFR 30.52 or 40 CFR 31.41(b);whichever is applicable. For programs or projects with a project period in excess of one year a annual Financial Status Report will be due within 90 days after the grant year. Final reports will be due within 90 days after the expiration or termination of grant support. Financial Status Reports must be submitted to the following address: U.S. EPA- Las Vegas FC, P.O. Box 98515, Las Vegas, Nevada 89193-8515. Programmatic Conditions I. GENERAL FEDERAL REQUIREMENTS A. Federal Policy and Guidance 1. a. Cooperative Agreement Recipients: In implementing this agreement, the cooperative agreement recipient(CAR) shall insure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. b. CERCLA 104(g) requires that recipients comply with the prevailing wage rate requirements under the Davis-Bacon Act of 1931 for construction, repair or alteration contracts "funded in whole or in part"with funds provided under this agreement. If the CAR uses funds awarded under this agreement to contract for construction, repair or alteration work, it must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the construction, alteration or repair contract. c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225 ) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects, as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. d. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR 31.36(e) or 40 CFR 30.44(b); OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333)the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. B. Eligible Brownfields Site Determinations 1. a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre-approved in the CAR's work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in §101(39) of CERCLA, the identity of the owner, and the date of acquisition. b. If the site is excluded from the general definition of a brownfield, but is eligible for a property-specific funding determination, then the CAR must provide information sufficient for EPA to make a property-specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property-specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund and Cleanup Grants for discussion of this element): (i) that a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State, (ii) that the State determines there is"no viable responsible party"for the site; (iii) that the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (iv) that the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include the identity of the State program official contacted, the State official's telephone number, the date of the contact, and a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA must also make all determinations on the eligibility of petroleum contaminated brownfield sites located on Indian tribal lands. Prior to incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the determinations described in 2.a. above. II. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement 1. The term of this agreement is two years from the start of the budget and project period, unless otherwise extended by EPA at the CAR's request. 2. If after 1 years from the start of the budget and project period, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the Agency may terminate this agreement. 3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver. B. Substantial Involvement 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring; review of project phases; and approval of substantive terms included in professional services contracts. b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in 1.B. under Eligible Brownfieids Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determining whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under§107 of CERCLA. c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. d. EPA may waive any of the provisions in term and condition 11.6.1.,with the exception of property-specific funding determinations. EPA will provide waivers in writing. 2. Effect of EPA's substantial involvement includes: a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA§128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws. c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s)to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors are consistent with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. 4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. (Note: Cooperative Agreement Recipients expending funding from a community-wide assessment grant on a particular site must include such funding amount in any total funding expended on the site.) D. Quarterly Progress Reports 1. The CAR must submit progress reports on a quarterly basis (30 days after the end of each Federal fiscal quarter)to the EPA Project Officer. The progress reports must document incremental progress at achieving the project goals and milestones. Quarterly progress reports must include: a. Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established output/outcomes. b. An update on project milestones. c. A budget recap summary page with the following headings: Current Approved Budget; Costs Incurred this Quarter; Costs Incurred to Date; and Total Remaining Funds. d. If applicable, quarterly reports must specify costs incurred at petroleum contaminated brownfields sites. e. Recipient quarterly reports must clearly identify which activities performed during the reporting period were undertaken with EPA funds, and relate EPA-funded activities to the objectives and milestones agreed upon in the work plan including a list of sites where assessment activities were completed. To the extent consistent with the EPA approved work plan for this agreement, activities undertaken with EPA funds to be included in quarterly performance and financial reporting may include: (i) Acres per property (ii) Assessments started/completed (iii) No cleanup required (iv) Types of contaminants found (v) Acres of greenspace to be created (vi) Engineering/institutional controls required, what type and whether they are in place (vii) Cleanup plans (viii) Redevelopment underway (ix) Funds leveraged (x)Jobs leveraged (xi) Health monitoring studies, insurance, institutional controls funded 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific sites under this grant. 3. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended by the CAR at petroleum sites identified in the EPA approved scope of work. 4. The CAR must complete and submit relevant portions of the Property Profile Form reporting the commencement of a Phase I assessment, the expenditure of$1,000 or more of grant funds at a property or the completion of a property assessment. The CAR must submit the updated Property Profile Form reflecting such events within 30 days after the end of the Federal fiscal quarter in which the event occurred. The CAR may be provided access to an on-line reporting system by the EPA Project Officer to perform their reporting requirements. Alternately, the CAR may complete a hard copy version of the Property Profile Form available from their EPA Project Officer or on-line at: http://www.epa.gov/brownfields/pubs/rptforms.htm 5. In accordance with 40 CFR. § 31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k); c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section B. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the assessment activities. 2. Local Governments only. No more than 10% of the funds awarded by this agreement may be used for brownfield program development and implementation (including monitoring of health and institutional controls)as described in Task 3 of the EPA approved work plan. The CAR must maintain records on funds that will be used to carry out Task 3 of its EPA approved work plan to ensure that no more than 10%of its funds are used for brownfield program development and implementation (including monitoring of health and institutional controls). B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost-share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA§107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grantscontained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (i) Preparation of applications for Brownfields grants; (ii) Record retention required under 40 CFR 31.42; (iii) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (iv) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30; (v) Maintaining and operating financial management systems required under 40 CFR 31; (vi) Preparing payment requests and handling payments under 40 CFR 31.21; (vii) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (viii) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property-specific funding determination. C. Interest-Bearing Accounts and Program Income 1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterization, clean up planning or other activities when the costs for the activity is charged to this agreement. 2. The CAR must deposit advances of grant funds and program income (e.g., fees) in an interest bearing account. a. Interest earned on advances, CARs are subject to the provisions of 40 CFR §31.21(i)to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is considered additional program income. IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. When environmental samples are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. 2. Individual or generic Quality Assurance Project Plans (QAPPs)for activities within the scope of this agreement must be submitted for EPA approval prior to the collection of environmental samples. EPA may request assistance from a state program with the review and approval of QAPPs for non-state EPA grantees. For this to occur, the state program must be authorized through an approved Quality Management Plan (QMP), to review and approve QAPPs in lieu of EPA. Review and approval of non-state EPA Brownfields grantee QAPPs by a state program will be limited to those instances where there is mutual agreement among the parties involved (the state, EPA, and the grantee), and the non-state EPA grantee agrees to participate in and follow the guidelines established within the State Response Program. Oversight of the state's QAPP approval process for Brownfields will be part of the Management Systems Review (MSR) process described in EPA Region 7's QMP. All QA documents will be prepared in accordance current EPA requirements as defined in EPA Requirements for Quality Assurance Project Plans: EPA QA/R-5(EPA/240/B-01/003, March 2001) and Guidance for Quality Assurance Project Plans: EPA QA/G-5(EPA/240/R-02/009, December 2002) or their subsequent revisions. C. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. D. All Appropriate Inquiry 1. As required by CERCLA§104(k)(2)(B)(ii) and CERCLA§101(3.5)(6) , the CAR shall ensure that a "Phase [".site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the practices in ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule. This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards. V. Conflict of Interest: Appearance of Lack of Impartiality A. Conflict of Interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (a)The affected party, (b)Any member of his immediate family, (c) His or her partner, or (d)An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. VI. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR§31.21(c). B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50.